Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as considered in our historic blog sites, take a look at the crucial advantages of mediation and other methods of conflict resolution as a method of solving the useful plans following separation.
The family mediation process
mediation typically starts with the mediator having a short preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about separately with them whether there are any issues which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Info Evaluation Satisfying (MIAM)) to go over the background briefly and explain a bit more about the mediation process. The initial conferences are private and so the content will not be gone over with the other party.
First joint meeting
following the specific meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is used to go through the Arrangement to Mediate kind, handle any interim or pushing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend on the concerns the parties want to cover however this will usually involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In case an agreement is reached, the mediator can tape-record the relevant information and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the general decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to document in respect of the daily care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal advice on it. Once this has actually happened, one of the party’s legal representatives will generally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of benefits to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own lawyer will consider any problems which may make mediation challenging or unsuitable. The advantages include:
Family mediation is a member of the ADR or alternative dispute resolution family. It forms one of the core pillars of mediation services provided globally.
Historically, it is not clear geographically where family mediation first evolved. However, family mediation has been present in various forms in various cultures world-wide for thousands of years.
The system is focused on providing a dispute resolution mechanism to families who are in dispute. Divorce mediation forms part of the family mediation tree of services.
Modern day family mediation is divided into two main fields namely mediation and comediation. In the former of the two fields a single mediator works with the family in dispute. In the latter of the two fields, two or more mediators work with a family in dispute. Mediations are completed by the use of either joint or single caucuses. In single caucuses the mediator/s caucus one party at a time. In joint caucuses the mediator/s work with all sides to the dispute present in the same session. The majority of family disputes have two sides however in family disputes between siblings it is not uncommon for several parties to be involved.
- The mediator will motivate the parties to set the program and verify what they want to cover in mediation. You can deal with matters essential to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You select the length of time in between sessions and handle its rate. You won’t need to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have enough time to look at monetary disclosure and reflect on suggestions made.
- Decisions reached in mediation can be customized to match your family. This remains in contrast to court enforced choices where the judge may not have the power to enforce similar arrangements or has not appreciated the subtlety of why a particular idea might be much better.
a mediator’s role is to help with a dialogue in between the parties and encourage recommendations about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is designed to promote interaction and an ongoing co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private process which indicates that parties are encouraged to be open about options they wish to think about. This usually leads to parties making suggestions they would hesitate to make in court proceedings. For high profile clients, it is also a method of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if successful. By setting the program and choosing the number of sessions you have, parties have far more control over the process than when they belong to court procedures. If it is unproductive or making matters worse, the mediator will also ensure and handle the procedure that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in proper cases it can provide an important way of resolving family disagreements successfully and amicably and it must be something that is motivated all year.